Burmila ruled that Wheaton lawyer Harry Smith must testify about “inculpatory” statements made by Savio during two domestic battery cases Peterson brought against her, the Tribune says. She was acquitted in both cases. Peterson defense lawyers surmised the “inculpatory” reference meant Savio lied under oath.

Burmila has previously ruled that Smith could testify that Savio had told him of her fears that Peterson would kill her. Peterson is also a suspect in the disappearance of his fourth wife, Stacy Peterson, but he has not been charged.

Smith could decline to testify, resulting in an appellate battle over whether he could be held in contempt, the Tribune says.